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Publication Date: 2022-08-22
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0875
Court granted criminal defendant's motion to suppress evidence obtained during a warrantless search of a vehicle. The court noted that although the officer conducting the search had probable cause to search the vehicle for drug paraphernalia, no exigent circumstances existed because the occupants had exited the vehicle and were not able to destroy any potential evidence at the time of the search. Therefore, because the warrantless search was not predicated on both probable cause and exigent circumstances, the search violated defendant
Publication Date: 2022-08-15
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0215
The court refused to suppress evidence of drug sales activity found by police in plain view in defendant's hotel room where police entered the room at defendant's request during a mere encounter, which did not afford defendant any protection upon which he could base a claim of a warrantless search. The court denied defendant's motion to suppress.
Publication Date: 2022-08-08
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0216
While private homes may not be constitutionally entered to conduct a search or effectuate an arrest without a warrant, the police entry of defendant's home was not unlawful as the record demonstrated that he voluntarily gave consent to police to enter his home. The court denied defendant's pre-trial motions.
Publication Date: 2022-06-20
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0581
An agreement did not possess the characteristics of an installment land contract, so the court granted declaratory relief stating that the parties' agreement was a residential lease which was subject to landlord tenant law.
Publication Date: 2022-06-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0525
The court denied husband's exceptions to the equitable distribution contained in the master's report, because the master correctly calculated the marital portion of husband's state entity pension, and the evidence was insufficient to show that husband contributed to wife's education, training or enhanced earning power.
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Publication Date: 2022-06-06
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0524
Where a civil lawsuit had not been concluded at the time of decedent's death, the court could appoint an executor to handle the litigation, even though the estate did not otherwise require an administrator.
Publication Date: 2022-06-06
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0526
The court declined to vacate a grievance arbitration award issued in accordance with Act 111, which was enacted to provide prompt and binding solutions to labor disputes involving police officers and firefighters, as there was no basis to overturn the award under the limited judicial review applicable to such proceedings. The court denied a petition to vacate a grievance arbitration award.
Publication Date: 2022-06-06
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0523
The court denied defendant's motion for judgment on the pleadings because Pennsylvania law did not require mutuality of remedies, and the parties' contract provided for specified remedies in the event of a default by either party.
Publication Date: 2022-05-30
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0502
The court refused to strike plaintiffs' negligence claims based on the gist of the action doctrine since the Home Inspection Law creates a duty on behalf of a home inspector, thereby creating a relationship between the parties during which the tort of negligence was allegedly committed. The court denied defendant's preliminary objections in part.
Publication Date: 2022-05-30
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0496
Defendant failed to inform plaintiff or the domestic relations section of a change in circumstances relevant to support in writing or by personal appearance as required by 23 Pa.C.S. §4353(a), thus warranting retroactive modification of plaintiff's spousal award. The court granted plaintiff's motion for reconsideration.
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